REGULAR
MEETING OF THE MAYOR AND COUNCIL HELD ON WEDNESDAY EVENING, SEPTEMBER 25,
2002. COUNCIL PRESIDENT ED GALASSO PRESIDED.

ROLL CALL

Roll Call
at 8:00 P.M. showed the following Council Members present: Gregg David,
Richard Falcetano, Kathi Fiamingo, Ed Galasso, and Robert Taylor. Mayor
Tripodi and Council Member

Carmela Colosimo
were absent.

Council President
Galasso read the requirements of the Open Public Meetings Act.

The Salute
to the Flag was led by Council President Galasso.

MINUTES

It was moved
by Falcetano, seconded by Fiamingo and carried, that the minutes of the
Work Session Meeting of September 10th and the Regular Meeting
of September 10, 2002 be dispensed with and approved as submitted. (Copies
furnished each Council Member prior to the meeting.)

COMMUNICATIONS
AND PETITIONS

Letter
from Ernie Hammer, President of the Senior Citizens Club, thanking Mayor
and Council for the use of the 16th Street Park for their
Annual Field Day.

Letter
from David and Debra Vanek, 642 Fairfield Avenue, expressing their concerns
about the reactivation of the rail line near their home.

Letter
from Toni-Ann Martello, 639 Newark Avenue, requesting permission for
a Block Party on Newark Avenue from 23rd Street to Orange
Avenue on Saturday, October 12, 2002.

Letter
from Mayor Tripodi to our legislators regarding the proposed reactivation
of the railroad by Morristown & Erie Railway, Inc., and asking for
their support to oppose the reactivation.

REPORTS

Municipal
Court Report for the month of August, 2002.

Rahway
Valley Sewerage Authority Meeting Minutes of August 15, 2002.

It was moved
by Falcetano, seconded by Fiamingo and carried, that the above communications
be received and filed and any money amounts indicated be spread over the
minutes.

REPORT OF
COMMITTEES

DEPARTMENT
OF FINANCE

Councilwoman
Fiamingo reported that the Finance Committee met prior to the Council
meeting this evening and they will report to the full Council at the next
Work Session meeting. She also announced the second reading on tonight’s
agenda of a Bond Ordinance authorizing various improvements.

DEPARTMENT
OF PUBLIC SAFETY

Councilman
Galasso reported that they will be changing some parking during school
hours on Coolidge Drive, westerly side, which will provide the students
a safer walk to school, and also they will be initiating some alternate
side of the street parking on North 10th and 11th
Streets, two days a week for the street sweeper. Councilman Galasso reminded
the residents that school is open and to drive carefully.

DEPARTMENT
OF PLANNING, ZONING AND ORDINANCES

Councilman
David said he had nothing to report.

DEPARTMENT
OF FIRE, RECREATION, LIGHTING AND ECOLOGY

Councilman
Falcetano thanked Councilwoman Fiamingo for her efforts in investigating
the Pocket Parks Grant and said we are now closer to finding out if what
we want to do is acceptable. He reported that the Recreation Committee
is reviewing a proposed ordinance which pertains to the usage of the
parks. Councilman Falcetano read the following into the minutes:

Dear Mr. Jankunas:

The David Brearley Girls Basketball Team would like to thank you
for letting us participate in the carnival

this year. The donation that you made to the girls team will enable
them to buy shirts for the entire team

to wear in December to the Kaylee-Holiday Scholarship Tournament
in Walt Disney World, Florida.

Thank you again for making this possible and if the girls or parents
can ever help again, please let us know.

We really had a great time helping our community.

Sincerely,

Ed Murray, Varsity Girls Coach Terry Sues,
Fundraising Coordinator

Dear Chief Giordino:

On behalf of the Governing Body of the Borough of Kenilworth and
myself, I would like to extend our

thanks to you for making the “National Night Out Against Crime”
kick-off party held on Monday,

August 5th 2002, a huge success. Without your help,
this would not have been possible. It was

extremely gratifying to see that various local businesses and local
agencies were able to work so

closely together to make this 2nd annual event an overwhelming
success. This unique relationship makes

Kenilworth a great place to live and work. The Kenilworth Police
Department is not only dedicated to

fighting and solving crimes that occur in our jurisdiction, but we are also
involved in many proactive

approaches
such as educating the public to protect themselves. With your help we
were able to accomplish

what we set out to do and were able to maintain a strong bond between the police
and our community.

Again, thank you for your participation and we look forward to
working with you in the future.

Sincerely,

William Dowd, Chief of Police

REPORT
OF COMMITTEES (CONT.)

DEPARTMENT
OF HEALTH, EDUCATION AND WELFARE

Councilman
Taylor announced that he attended the Library Board meeting on Sept. 12th,
the Local Assistance Board meeting on Sept. 18th, and the Board
of Health meeting on Sept. 19th, 2002. He reported that there
is only currently one case on the Welfare rolls and that the Library Board
discussed the replacement and repair of the ramp and was hoping that the
Council could take action on this at the next meeting. Councilman Taylor
said that Dale Spindel thanked the DPW for removing the graffiti found
on the Library steps.

BILLS

Consolidated
Bill List appears on the following pages.

CONSENT
AGENDA

Resolutions
No. 1 through No. 11 are listed under Consent Agenda and will be enacted
by one motion in the form listed below.

Council Member
Fiamingo moved that all items under Consent Agenda be approved, seconded
by Council Member Falcetano. Upon roll call the vote was unanimous.

RESOLUTION
NO. 1

Be It Hereby
Resolved: That all bills be paid when properly audited and funds are
available.

RESOLUTION
NO. 2

Resolution
appears on the following page. (Tax Collector authorized to adjust tax
amounts due

for Fourth Quarter 2002
taxes on properties listed

due to deductions for
Veteran/Widow of Veteran

and Senior Citizens)

RESOLUTION
NO. 3

Resolution
appears on the following page. (Tax Collector authorized to remove deductions
and

to further bill the properties
listed for Senior

Citizen/Surviving Spouse
deductions as they no

longer qualify)

RESOLUTION
NO. 4

Resolution
appears on the following page. (Resolution assessing property owners
on Lafayette

Avenue from North 14th
Street to North 17th Street

for the cost of curbing)

CONSENT
AGENDA (CONT.)

RESOLUTION
NO. 5

Resolution
appears on the following page. (Resolution assessing property owners
on Lee

Terrace from Hemlock Street
to Coolidge

Drive for the cost of
curbing)

RESOLUTION
NO. 6

Be It Hereby
Resolved: Authorizing the Mayor to sign the Agreement with Gateway Institute

for professional
services regarding the Smart Growth Planning Grant.

RESOLUTION
NO. 7

Resolution
appears on the following page. (Proclaiming the week of October 23rd
to

October 31st,
2002 as “Red Ribbon Week”)

RESOLUTION
NO. 8

Resolution
appears on the following page. (Resolution objecting to the reactivation
of the

railroad by the Morristown
and Erie Railway)

RESOLUTION
NO. 9

Resolution
appears on the following page. (Resolution authorizing the Mayor and
Borough

Clerk to execute an agreement
with the County

of Union to modify the
Interlocal Services

Agreement dated December
15, 1974 and as

amended)

RESOLUTION
NO. 10

Be It Hereby
Resolved: Whereas, the following property was issued a permit, and
fees were

received
by the Building Department;

Whereas, it has been determined that it was a duplicate
permit.

Now, Therefore, Be It Resolved that the Treasurer be
and is hereby

authorized
to draw a warrant to refund the following amount to:

Timothy Murphy

47 Park Drive

Kenilworth, NJ 07033 Permit #02-0292 / Alarm
Permit

Amount of
$47.00 refunded to homeowner.

CONSENT
AGENDA (CONT.)

RESOLUTION
NO. 11

Be It Hereby
Resolved: Whereas, the following attorney paid for discovery (review
of DWI video-tape) and fees were received by the Kenilworth Police Department;

Whereas, it has been determined that the video-tape was
invalid, and

no review
was done.

Now, Therefore, Be It Resolved that the Treasurer be
and is hereby

authorized
to draw a warrant to refund the following amount to:

Amount of $30.00 refunded to Attorney Michael Reilly:

Mr. Michael Reilly

618 Newark Avenue

Jersey City, NJ 07306

For police
case number 02-08292

Council President
Galasso read Resolution No. 8 in full into the minutes. (see attached
copy)

Councilman
David added that Councilwoman Colosimo personally reached out to our state
assemblymen, Neil Cohen and Joe Cryan who both assured her that they vehemently
oppose

the reactivation
of the railroad. He added that although she was not able to speak to
him personally, Councilwoman Colosimo has heard that state senator Lesniak
also opposes the reactivation. Councilman David said if anyone knows
where he lives, knows that he grew up

next to the
railroad and is familiar of what it is like having it come through his
yard every day of the week and although there are now houses built on
this property and he does not have to worry about his house, he is still
vehemently opposed to it.

Proposed
Ordinance No. 2002-15 was read for a second reading as follows: (copy
appears in the

minutes of August 28, 2002)

ORDINANCE NO. 2002-15

A BOND ORDINANCE
AUTHORIZING VARIOUS IMPROVEMENTS IN, BY AND FOR THE BOROUGH OF KENILWORTH,
IN THE COUNTY OF UNION, NEW JERSEY, APPROPRIATING AN AGGREGATE AMOUNT
OF $217,000 THEREFORE AND AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $47,500
IN AGGREGATE PRINCIPAL AMOUNT OF BONDS OR NOTES TO FINANCE PART OF THE
COST THEREOF

Council President
Galasso opened the meeting to the public for any questions or comments
on Proposed Ordinance No. 2002-15.

No one desiring
to be heard, Council President Galasso closed the meeting to the public.

PROPOSED
ORDINANCE NO. 2002-15 (CONT.)

RESOLUTION
NO. 12

Introduced
by Fiamingo who also moved its adoption.

Be It Hereby
Resolved: That Proposed Ordinance No. 2002-15, be and the same is hereby
passed on second and final reading and ordered published according to
law.

Seconded
by Galasso and on roll call unanimously carried.

GENERAL
BUSINESS

Councilwoman
Fiamingo said she attended a meeting on Monday at the Library, along with
most of the residents who are here this evening and hoped she made it
clear that she is opposed to the reactivation also. She said it is not
something that the Borough needs, wants, or will benefit from in any way.
Councilwoman Fiamingo said they will do as much as they can to make this
not happen. She said she was very impressed with the presentation by
Mr. Vanek and Mr. Westervelt as it was very informative and helped to
educate the Council.

Councilman
David said although he cannot promise anything, he will contact our representatives
and see if he can get any of them to attend the next meeting so that they
can speak to the public and tell them what is being done.

Council President
Galasso said he can assure the residents that this governing body will
do everything that is humanly possible to stop the reactivation. He said
he walked the railway last Saturday and took pictures and wholeheartedly
agrees with the residents.

MEETING
OPEN TO THE PUBLIC

Livio Mancino,
North 24th Street, said he chairs the Union County Planning
Board and the matter of the railroad has not yet come before them. He
suggested to Councilman Galasso that a delayed green light be put in at
the intersection of 21st Street and the Boulevard, added that
he already called the state and they said it should be no problem.

Council President
Galasso advised Mr. Mancino that every intersection in town, except Michigan
Avenue, is being redone by the County.

Mr. Mancino
said today was the town-wide clean up and he commented that although the
flyer has restrictions on what can and cannot be picked up, it seems as
though this company will pick up anything, adding to the cost because
the Borough is charged by the amount of weight. They should be held to
the rules and regulations. Mr. Mancino said he is putting this Council
“on notice” in the case that we have a repeat of last year’s Octoberfest
financial statement and he will probably cause this Council to answer
questions by the State as to why they are expending tax

payer’s money
to pay for the Department of Public Works and Police coverage which amounted
to about $7,000. In turn, the profit went to the Chamber of Commerce
and into a special fund.

MEETING
OPEN TO THE PUBLIC (CONT.)

Mr. Mancino
thanked Councilman Galasso and Councilman David for their participation
in his effort to start the Kenilworth Sports Hall of Fame. He said he
always puts out a financial statement.

Bob Singler,
Fairfield Avenue, wanted to make the Council aware that they have begun
to cut down the trees along the rail line. He spoke to the man who was
doing this and he warned him that they will soon be using herbicides and
said specifically whatever it touches will die, implying that it could
blow on to the surrounding properties and affect the children and animals
in the area. He was wondering if the Health Department or EPA could be
contacted for more information.

Council President
Galasso asked Borough attorney Tom Vitale if there was anything that could
be done to stop this?

Attorney
Tom Vitale said he has not seen anything regarding this, however, he feels
that the application of any herbicide would have Board of Health jurisdiction.

Councilman
Taylor said he will contact our Board of Health and report back to Mr.
Singler at the next meeting.

Bree Helm,
South Michigan Avenue, said she and other teenagers really need a place
to go and would like the Council to reconsider putting a skate park in
town. She said her friends and herself have been picked up for sitting
on the benches. She said her mother and her friend’s parents have said
that they would be glad to volunteer their time to chaperone a skate park
at night. She said she knows that the insurance would be a lot of money,
but suggested a “skate at your own risk” sign and allow it to be open
to only Kenilworth residents and kids from the “choice” program. Bree
asked that if a skate park is not possible, then to consider putting up
something else that they can do so they have somewhere to go and will
not get arrested.

Councilman
Falcetano said he would forward her request to the Recreation Director.

Joe D’Innocenzio,
Newark Avenue, said he is building a house on South 17th Street
and requested a street opening permit to run a gas line into the house
from Borough Engineer Mike Disko who said he should submit the request
to the Mayor and Council in writing. Mr. D’Innocenzio said he did this
in July and was told today that the permit was denied. He asked why it
took 2 months for a reply and why, another house on the other end of the
street was

granted permission?

Council President
Galasso explained that the Council only meets twice during the summer
which is why he did not get a reply in a timely manner. He then explained
that the request was not denied, the Council is just requesting additional
information as to the reason for the gas line.

Mr. D’Innocenzio
said the reason is that he needs gas in the house.

MEETING
OPEN TO THE PUBLIC (CONT.)

Council President
Galasso explained that there is a 5 year moratorium on street openings
after a street has been paved.

Attorney
Vitale explained the ordinance and said this was recently amended to provide
a one year window, providing special circumstances. Mr. Vitale said he
does not know the circumstances that would have allowed the other resident
to open his street. He also explained that when permission is granted,
the street must be resurfaced from curb to curb and not just patched.

Mr. D’Innocenzio
said the moratorium in question ends either this month or next month.

Attorney
Vitale said that is not a special circumstance. He said the other side
of this argument is the fact that he can wait a month or so and then be
ok with just a patch on the street and not

curb to curb
resurfacing.

Mrs. D’Innocenzio
said that she was not informed that a reason was needed, prior to this
evening.

Councilman
Falcetano asked the Council President, if since Mr. D’Innocenzio is here
and has explained the reason, could permission be granted this evening?

Councilman
Galasso, after conferring with Attorney Vitale, said when the “Open to
the Public” portion of the meeting is over, they can go back into General
Business at which time a motion can be made.

Robert Fisher,
Lee Terrace, asked, in reference to Resolution No. 5, if he was ever previously
notified that the construction costs were going to be passed on to the
homeowner?

Councilman
Falcetano said yes, he was notified, and explained that the homeowner
is assessed based on the amount of linear footing by their house. He
explained that the homeowner is given the option of paying this within
30 days, or over a 5 year period without interest.

Mr. Fisher
asked if he lost any property due to the installation of curbing?

Councilman
Galasso said he should have not lost any, as this is the Borough right-of-way.

Mr. Fisher
asked if someone could survey his property for him?

Councilwoman
Fiamingo asked if Mr. Fisher was notified of the scheduled hearing with
Dr. Disko, the Borough Engineer, which was held last night for the purpose
of answering residents’

questions
about the curbs?

Mr. Fisher
said he was, but thought he would get better answers at tonight’s meeting.
He then asked if he will be compensated if any property was lost?

MEETING
OPEN TO THE PUBLIC (CONT.)

Councilman
Galasso explained again that this was Borough right-a-way.

Mr. Fisher
said that during the paving and curb installation process, for at least
8 days he lost the use of his driveway and was forced to park a half of
a block away and had to walk over a trench that was at least a foot and
a half to 2 feet deep. He asked if he could deduct this inconvenience

from the
bill?

Councilman
Galasso said no.

Mr. Fisher
asked why he should be inconvenienced and then billed for work done to
his street that he did not want?

Councilman
David explained that before the work was done, he was notified by certified
letter of the proposed project and also of a hearing date where Mr. Fisher
and his neighbors could have come to and together voice their opinion
on why they do not want their street paved. He added that most residents
are thrilled that their streets are paved and curbing is put in.

Council President
Galasso suggests that Mr. Fisher contact the Borough Engineer.

Attorney
Vitale recommended that Mr. Fisher speak to the Borough Engineer, on the
property questions, not the Borough’s right to assess the residents.

David Vanek,
Fairfield Avenue, on behalf of the dozens of concerned Kenilworth residents,
thanked the Council and the Mayor for what has been done so far in their
efforts to oppose

the reactivation
of the rail line. He also presented petitions with over 200 signatures
so far and said they are still trying to get the word out. They plan
on going to the Union County Freeholders and said they appreciate anything
that the governing body can do. Mr. Vanek said he feels part of the plan
is to come in like a steamroller and put the rail road in before any of
the residents know what has hit them.

Council President
Galasso accepted the petitions and said he will attach them to the letter
that the Borough is sending to the Freeholders.

Don Kuwalski,
Lafayette Avenue, asked why, if his street was repaved in 1995, he is
just being assessed now? He said he purchased the house in 1999 and asked
why the previous owner did not pay it?

Council President
Galasso said he hates to blame someone who is not here, but the engineer
just assessed it.

Councilwoman
Fiamingo explained that a title search is done at the time of the closing
and it should have showed an unconfirmed assessment. She suggested Mr.
Kuwalski speak to his attorney.

MEETING
OPEN TO THE PUBLIC (CONT.)

Robert Colandra,
North 17th Street, said he has owned his house for 4 years
and cannot believe he is just getting a bill now for work done before
he even purchased his home.

Attorney
Vitale explained that they are being billed at the cost it would have
been in 1995, not current rates. He added that at the time of their closing,
when the unconfirmed assessment came

up in the
title search, provisions should have been made at that time.

Rudy Cammarota,
Red Maple Lane, asked the governing body how they came to prepare the
resolution which opposed the reactivation of the rail line?

Councilman
David said that they were unaware of the movement until the residents
brought it to their attention.

Mr. Cammarota
asked if it was originally supposed to be a passenger line, not freight?

Council President
Galasso said there had been talk about it.

GENERAL
BUSINESS (REOPENED)

Councilman
Falcetano made a motion to allow the request for a street opening prior
to the moratorium on South 17th Street, based on the fact that
the special conditions were explained to the Council tonight and assuming
that it will be done in accordance with the ordinance.

Councilman
David seconded the motion and Councilwoman Fiamingo wished to clarify
that there is an issue of water running off into the basement and the
homeowner is in need of correcting the drainage at which time they would
like to add a gas line, while the ground is dug up.

Upon roll
call the motion was unanimously carried.

ADJOURNMENT

There being
no further business to come before the Council, it was moved by David,
seconded by Fiamingo and carried, that the meeting be adjourned to the
call of the chair.